Parking inquiry in housing society

It is your own car, which you may sell it any time whenever you feel, no one else has any problem .

No legal issue is involved in the post.

Actually, the problem is people in the society are storing things under the car, which has lead to mosquitoes and that has lead to other people in the society having issues. 
 

My question:

- Legally, isn’t the society responsible for keeping the area clean and prevent people from using my parking spot as storage? 
- legally, can the society force us to remove the car even though we are not at fault? We are NRI so we don’t live there all the time and COVID has made travel hard.

- is the society allowed to remove the car by just sending us a letter? We could do a court case against them if they did this right? 
 

thank you kindly

When the society is collecting maintenance of the common area, it is their responsibility to upkeep the premises including parking place, to keep the things clean.  They should warn those that are keeping their belongings in someone's area amounts to trespass.  Whether the society member is NRI or not is the issue, they have been collecting maintenance, receiving consideration, and blaming someone who is far, when solving the issue is within their duty is not proper.  Issue a reply as notice and ask the society to keep the place clean by directing their sweeper..  Instead of correcting the irregular procedure, collecting maintenance and throwing blame on some other tenant amounts to deficiency of service under CP Act.

The situation is unusual. Any solution is beyond the legal elements. Why don't entrust some one to interact with the Society and and resolve the issue? Have you engaged a caretaker for car or the flat or both?

Ooh thank you so much for the advise and quick response. It was very helpful!

The car as well as the car parking space belongs to you.

The society has no rights to direct you to remove the car especially for the reasons what they have stated.

If at all somebody is doing this mistake especially during your absence, you can not be held liable for other  people's such mischiefs.

As rightly observed by experts above, since the society is collecting monthly maintenance, it becomes their duty to ensure the cleanliness of the atmosphere and the common areas.

In fact it is the duty of the association to ensure that such things do not occur or take proper action to prevent such occurrences.

If they still insist on such things you can issue a legal notice to the association mentioning all the above issues and instruct them to refrain from giving such threats which are illegal and that you would be constrained to approach appropriate legal forum for getting your grievances redressed.

The well principle that the parking lot is of yours and you are owner and simileteneously, its your duty to maintain clean the area. Though, you are abroad, atleast make certain arrangement through someone to look and maintain the area clean. Since, the place is made  dirty by some other else, for which society can pass necessary order to those who made the place dirty. Selling of it is your own choice.